New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 3F

3F Persons who are “parties” to proceedings under this Act

(1) A person is a party to proceedings before the Tribunal under this Act as provided by this section.

(2) Each of the following persons is a party to any proceedings before the Tribunal in respect of an application for a guardianship order under this Act:

(a) the applicant,

(b) the person to whom the application relates,

(c) the spouse, if any, of the person to whom the application relates, if the relationship between the person and the spouse is close and continuing,

(d) the person, if any, who has care of the person to whom the application relates,

(e) the Public Guardian,

(f) any person whom the Tribunal has joined as a party under section 57A.

(3) Each of the following persons is a party to proceedings consisting of a review by the Tribunal of a guardianship order made under this Act:

(a) the person, if any, who requested the review,

(b) the person the subject of the order,

(c) the spouse, if any, of the person the subject of the order, if the relationship between the person and the spouse is close and continuing,

(d) the person who has care of the person the subject of the order,

(e) the guardian appointed under the order,

(f) any person whom the Tribunal has joined as a party under section 57A.

(4) Each of the following persons is a party to proceedings consisting of a review by the Tribunal of an appointment (or purported appointment) of an enduring guardian under this Act:

(a) the person, if any, who requested the review,

(b) the person appointed as the enduring guardian,

(c) the person who appointed the enduring guardian,

(d) the spouse, if any, of the person who appointed the enduring guardian, if the relationship between the person and the spouse is close and continuing,

(e) the person, if any, who has care of the person who appointed the enduring guardian,

(f) any person whom the Tribunal has joined as a party under section 57A.

(5) Each of the following persons is a party to any proceedings before the Tribunal in respect of an application for a financial management order under this Act:

(a) the applicant,

(b) the person to whom the application relates,

(c) the spouse, if any, of the person to whom the application relates, if the relationship between the person and the spouse is close and continuing,

(d) the person, if any, who has care of the person to whom the application relates,

(e) the person, if any, appointed attorney by the person to whom the application relates under a power of attorney that is in force,

(f) the NSW Trustee,

(g) any person whom the Tribunal has joined as a party under section 57A.

(6) Each of the persons specified in subsection (7) is a party to proceedings consisting of a review by the Tribunal of:

(a) a financial management order made under this Act, or

(b) the appointment under this Act of a manager of an estate.

(7) For the purposes of subsection (6), the persons are:

(a) the person, if any, who requested the review,

(b) the protected person to whom the relevant financial management order relates,

(c) the spouse, if any, of the protected person, if the relationship between the person and the spouse is close and continuing,

(d) the person, if any, who has care of the protected person,

(e) the person appointed as the manager of the estate concerned,

(f) the NSW Trustee,

(g) any person whom the Tribunal has joined as a party under section 57A.

(8) In this section, "financial management order" and "protected person" have the same meanings as in Part 3A.